NISHA Vs. BAHADUR

JUDGEMENT

(1.) This appeal is by the claimants against the award dtd. 2/3/2016 passed by the Motor Accident Claims Tribunal, Raigarh, C.G. in Claim Case No.72/2013, awarding total compensation of Rs.5,26,000.00 with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company along with driver and owner jointly and severally. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

(2.) As per averments made in the claim petition, on 5/6/2013, deceasedGirdhar Nishad, aged about 25 years, earning Rs.5,000.00 per month by working as Carpenter and also doing agricultural work, died in the motor vehicular accident caused due to rash and negligent driving of Hywa Trailor bearing registration No.CG10-C/6044 (hereinafter referred as 'offending vehicle') by non-applicant no.1/driver. At the time of accident, the offending vehicle was owned by non-applicant no.2 and duly insured with non-applicant no.3.

(3.) On claim petition being filed by the claimants under Sec. 166 of the 0to the tune of Rs.32,92,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.